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Sharbat (Guantanamo detainee 1051)
| place_of_birth = Khairo Village, Afghanistan | date_of_arrest = | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 1051 | group = | alias = | charge = No charge (held in extrajudicial detention) | penalty = | status = Repatriated | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Sharbat is an Afghan who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 1051. American Counter-terrorism analysts estimated he was born in 1973, in Khairo Village, Afghanistan. Sharbat was transferred to Afghanistan on February 8, 2006. Combatant Status Review Tribunal s were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Sharbat's Combatant Status Review Tribunal, on 2 November 2004. The memo listed the following allegations against him: Transcript Sharbat chose to participate in his Combatant Status Review Tribunal. On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a five page summarized transcript from his Combatant Status Review Tribunal. Administrative Review Board hearing | pages=g 1 | author=Spc Timothy Book | date=Friday March 10, 2006 | accessdate=2007-10-10 |archiveurl=http://commons.wikimedia.org/wiki/File:TheWire-v6-i049-10MAR2006.pdf |archivedate=2009-08-26}}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. Summary of Evidence memo A Summary of Evidence memo was prepared for Sharbat's Administrative Review Board, on 9 August 2005. The memo listed factors for and against his continued detention. The following primary factors favor continued detention knowledge of the blast. The detainee stated he didn't hear the explosion or see the dust plume. He only later admitted knowing Qader after his brother identified the detainee. :c. During Questioning in December or 2003, the detainee stated he never heard an explosion, but later changed his story stating the explosion was far away. :d. The detainee has provided varying stories about his circumstances of capture. He stated he was watching his goats through binoculars when he was detained. Alternatively, his brother was looking through the binoculars when they were detained. Finally he stated he witnessed his brother being arrested and ran over to inquite about his brother and was arrested as well. }} The following primary factors favor release or transfer Transcript Sharbat chose to participate in his Administrative Review Board hearing. In the Spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a seven page ummarized transcript from his Administrative Review Board. Habeas corpus petition Sharbat was one of sixteen Guantanamo captives to initiate a suit for their freedom in early 2005. Carol Rosenberg, writing for the Knight Ridder News Service, reported that "The U.S. District Court in Washington, D.C., docketed the cases on May 3 after a series of single-paragraph pleas from captives arrived in the court's mail." She called the suit extraordinary, because the captives were working without benefit of legal assistance, and some of the captives were illiterate. U.S. District Court Judge Paul Friedman chose to treat the requests as habeas corpus petitions, and waived the normal $5 processing fee. Release On November 26, 2008 the Department of Defense published a list of captives' dates of departure from Guantanamo. According to this list Sharbat was released on February 8, 2006. References Category:Bagram Theater Internment Facility detainees Category:Living people Category:Year of birth uncertain Category:Guantanamo detainees known to have been released Category:1973 births Category:Afghan extrajudicial prisoners of the United States